Notice2025-15042
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Pile Driving and Removal To Improve the Auke Bay East Ferry Terminal
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2025
Effective
October 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from the Alaska Department of Transportation and Public Facilities (ADOT&PF) for the reissuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of eleven species of marine mammals, by harassment only, incidental to construction activities associated with the Auke Bay East Ferry Terminal in Juneau, Alaska. The project has been delayed and none of the work associated with the initial IHA has been conducted. The initial IHA was effective from October 1, 2024 through September 30, 2025. ADOT&PF has requested reissuance with new effective dates of October 1, 2026 through September 30, 2027. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA.
Full Text
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<title>Federal Register, Volume 90 Issue 150 (Thursday, August 7, 2025)</title>
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[Federal Register Volume 90, Number 150 (Thursday, August 7, 2025)]
[Notices]
[Pages 38134-38135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15042]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE971]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Pile Driving and Removal To Improve
the Auke Bay East Ferry Terminal
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: NMFS has received a request from the Alaska Department of
Transportation and Public Facilities (ADOT&PF) for the reissuance of a
previously issued incidental harassment authorization (IHA) with the
only change being effective dates. The initial IHA authorized take of
eleven species of marine mammals, by harassment only, incidental to
construction activities associated with the Auke Bay East Ferry
Terminal in Juneau, Alaska. The project has been delayed and none of
the work associated with the initial IHA has been conducted. The
initial IHA was effective from October 1, 2024 through September 30,
2025. ADOT&PF has requested reissuance with new effective dates of
October 1, 2026 through September 30, 2027. The scope of the activities
and anticipated effects remain the same, authorized take numbers are
not changed, and the required mitigation, monitoring, and reporting
remains the same as included in the initial IHA. NMFS is, therefore,
issuing a second identical IHA to cover the incidental take analyzed
and authorized in the initial IHA.
DATES: This authorization is effective from October 1, 2026 through
September 30, 2027.
ADDRESSES: An electronic copy of the final 2024 IHA previously issued
to ADOT&PF, the ADOT&PF's application, and the Federal Register notices
proposing and issuing the initial IHA may be obtained by visiting
<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-pile-driving-and-removal">https://www.fisheries.noaa.gov/action/incidental-take-authorization-alaska-department-transportation-pile-driving-and-removal</a>. In case of
problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Craig Cockrell, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On January 16, 2024, NMFS published final notice of our issuance of
an IHA authorizing take of marine mammals incidental to the
construction activities associated with the Auke Bay East Ferry
Terminal in Juneau, Alaska (89 FR 2584). The effective dates of that
IHA were October 1, 2024 through September 30, 2025. On May 28, 2025,
ADOT&PF informed NMFS that the project would be delayed by two years.
None of the work identified in the initial IHA (e.g., pile driving and
removal) has occurred. The request was for NMFS to reissue an identical
IHA that would be effective from October 1, 2026 through September 30,
2027, in order to conduct the construction work that was analyzed and
authorized through the previously issued IHA. Therefore, reissuance of
the IHA is appropriate.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
ADOT&PF is proposing maintenance improvements to the existing
Alaska Marine Highway System Auke Bay East Berth marine terminal. The
activity includes removal of existing piles and the installation of
both temporary and permanent piles of various sizes. In-water
construction activities associated with the project will include impact
and vibratory pile driving and removal. The location, timing, and
nature of the activities, including the types of equipment planned for
use, are identical to those described in the initial IHA. The
mitigation and monitoring are also as prescribed in the initial IHA.
Species that are expected to be taken by the planned activity
include humpback whale (Megaptera novaeangliae), killer whale (Orcinus
orca), minke whale (Balaenoptera acutorostrata), Pacific white-sided
dolphin (Lagenorhynchus obliquidens) harbor porpoise (Phocoena
phocoena),
[[Page 38135]]
Dall's porpoise (Phocoenoides dalli), Steller sea lion (Eumetopias
jubatus), Califonia sea lion (Zalophus californianus), northern fur
seal (Callorhinus ursinus), harbor seal (Phoca vitulina), and northern
elephant seal (Mirounga angustirostris). A description of the methods
and inputs used to estimate take anticipated to occur and, ultimately,
the take that was authorized is found in the previous documents
referenced above. The data inputs and methods of estimating take are
identical to those used in the initial IHA. NMFS has reviewed recent
Stock Assessment Reports (SAR), information on relevant Unusual
Mortality Events, and recent scientific literature. The northern fur
seal stock numbers were updated in the draft 2024 SAR. The population
estimate and minimum populations estimates have slightly decreased
since the initial IHA was issued to 612,765 and 518,651 animals
respectively. The potential biological removal has also decreased
slightly to 11,151 individuals and the estimated annual mortality/
serious injury has also decreased slightly to 296 individuals. NMFS has
determined that this new information does not affect our original
analysis of impacts or take estimate under the initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2024 IHA for ADOT&PF's construction work (89 FR 2584, January
16, 2024), ADOT&PF's application, the Federal Register notice of the
proposed IHA (88 FR 22411, April 13, 2023), and all associated
references and documents.
Determinations
ADOT&PF will conduct activities as analyzed in the initial 2024
IHA. As described above, the number of authorized takes of the same
species and stocks of marine mammals are identical to the numbers that
were found to meet the negligible impact small numbers standards and
authorized under the initial IHA and despite the slight decrease in
northern fur seal population that would not change either of those
findings. The reissued 2024 IHA includes identical required mitigation,
monitoring, and reporting measures as the initial IHA, and there is no
new information suggesting that our analyses or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) ADOT&PF's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action with respect to environmental
consequences on the human environment.
Accordingly, NMFS determined that the issuance of the initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has determined that the application of this categorical exclusion
remains appropriate for this reissued IHA.
Endangered Species Act (ESA)
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally, in this case with the Alaska Regional Office,
whenever we propose to authorize take for endangered or threatened
species.
The effects of this proposed Federal action were adequately
analyzed in NMFS' Biological Opinion for the Auke Bay East Ferry
Terminal Project, dated December 22, 2023, which concluded that the
take NMFS proposed to authorize through this IHA would not jeopardize
the continued existence of any endangered or threatened species or
destroy or adversely modify any designated critical habitat.
Authorization
NMFS has issued an IHA to ADOT&PF for in-water construction
activities associated with the specified activity from October 1, 2026
through September 30, 2027. All previously described mitigation,
monitoring, and reporting requirements from the initial 2024 IHA are
incorporated.
Dated: August 4, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-15042 Filed 8-6-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 7, 2025.
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